Morebudi and Others v Barker and Others (21392/20) [2022] ZAGPPHC 379 (1 June 2022)

Morebudi and Others v Barker and Others (21392/20) [2022] ZAGPPHC 379 (1 June 2022)

The court found that, having considered the application for leave to appeal and the heads of argument submitted by both parties, the applicants demonstrated reasonable prospects of success on appeal based on the grounds advanced. Accordingly, leave to appeal to the Full Bench of the Gauteng Division was granted.

Citation
[2022] ZAGPPHC 379
Parties
Applicant: Sannah Sankie Morebudi; Applicant: Joseph Mabusen Morebudi; Applicant: Neo Thando Holdings (Pty) Ltd; Respondent: Brad Barker; Respondent: Charles Luyckx; Respondent: Elliot Mobility (Pty) Ltd; Respondent: Neo Thando Elliot Mobility (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2022
Case Number
21392/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Both Application and Counter Application
Outcome
Leave to appeal granted to the Full Bench, Gauteng Division.
Judges
B Neukircher
Legal Topics
Leave to Appeal, Prospects of Success, Costs in Appeal
Civil Procedure Leave to Appeal Prospects of Success Costs in Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Sannah Sankie Morebudi

Applicant

Joseph Mabusen Morebudi

Applicant

Neo Thando Holdings (Pty) Ltd

Applicant

Brad Barker

Respondent

Charles Luyckx

Respondent

Elliot Mobility (Pty) Ltd

Respondent

Neo Thando Elliot Mobility (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Both Application and Counter Application

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether leave to appeal should be granted to the Full Bench.

Ratio Decidendi

The court found that, having considered the application for leave to appeal and the heads of argument submitted by both parties, the applicants demonstrated reasonable prospects of success on appeal based on the grounds advanced. Accordingly, leave to appeal to the Full Bench of the Gauteng Division was granted.

Court Disposition

Leave to appeal granted to the Full Bench, Gauteng Division.

Orders

  • The applicants are granted leave to appeal to the Full Bench, Gauteng Division.
  • Costs are costs in the appeal.